A former Albert Lea High School band director charged with sexual misconduct has had a history of inappropriate incidents with students, and was reprimanded last spring for surfing sexually oriented Internet sites at the school, County Attorney Craig Nelson told a judge Wednesday.

Thursday, January 04, 2001

A former Albert Lea High School band director charged with sexual misconduct has had a history of inappropriate incidents with students, and was reprimanded last spring for surfing sexually oriented Internet sites at the school, County Attorney Craig Nelson told a judge Wednesday.

Russel Allan Konrad received a written reprimand for accessing inappropriate Web sites from his Albert Lea High School computer in May 1999, said high school principal Al Root.

In another incident in January 2000, a junior high school student using Konrad’s computer tried to access an Internet site, but the computer defaulted to a pornographic Web site. The student reported the incident to a teacher, said Southwest Junior High School Principal Brian Espe. A school computer coordinator investigated and told Espe that inappropriate Web sites had been accessed from the machine.

The testimony was given during a pre-trial proceeding for Konrad, who has been charged with criminal sexual conduct and solicitation of a juvenile for allegedly grabbing a female student last year. Judge James Broberg will decide if the evidence presented to the court Wednesday will be allowed in Konrad’s trial.

The Internet incidents are not directly related to the charges of criminal sexual conduct, but they do show a propensity for sexual content in the workplace, Nelson told the judge.

&uot;I believe that it does prove a motive, intent,&uot; he said.

Such evidence of bad acts, or Spriegl evidence, has consistently been used in Minnesota sexual misconduct cases to prove intent and lack of mistake.

Nelson also submitted testimony saying that other students have alleged misconduct by Konrad, as early as 1984 in another school district. The judge will determine if such testimony will be allowed as Spriegl evidence.

Konrad’s defense attorney, Samuel McCloud, requested that Nelson provide a written reason for requesting the admission of Spriegl evidence.

McCloud also requested that Nelson compile a list of any privileged documents relating to prosecution witnesses that could help in Konrad’s defense, including school records, counseling reports or psychological tests, or police or chemical dependency records. He then asked that the judge review the documents to determine if they are admissable.

&uot;The most obvious situation would be if either one of these people were to have counseling and they told the counselor they were lying,&uot; McCloud said.

Nelson objected to the request, saying there were no police or chemical dependency records, and that mental health records, if they existed, would not be relevant to the case at hand.

&uot;And I can’t see how school grades would have any relevance to this matter,&uot; Nelson said.

McCloud persisted. &uot;The bottom line is, every single one of those documents, if they exist, I am at least entitled to have the court look at them,&uot; McCloud said.

&uot;I intend to show at some point in this trial that one of the persons made a false report of sexual contact against two fellow students,&uot; he said.

Judge Broberg took the matter under advisement, and will issue findings and an order as soon as possible.

Konrad’s next court appearance is scheduled for Jan. 26.